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From the Courts: Religious Exemption to Covid-19 Vaccination

March 14, 2022

US Federal Judge Blocks Navy Disciplinary Action Against SEALS Seeking Covid-19 Vaccination Religious Exemption

In Texas, a US federal judge issued a preliminary order restricting the US navy from taking disciplinary actions against 35 navy seals who refused to take the coronavirus (covid-19) vaccine on religious grounds. US district court judge, Reed O’Connor, remarked that the sailors had rights to be exempted from vaccination against the coronavirus based on religious grounds and the first amendment. 

The officers, which included members of the Navy SEALS and Naval Special Warfare Command, had sued US President, Joe Biden; Defense Secretary, Lloyd Austin; Navy Secretary, Carlos Del Toro; and the United States Department of Defense. The lawsuit protested against the Navy’s mandatory vaccination policy, with the troops citing religious beliefs as reasons for vaccination exemption. Some of the beliefs brought forward by the Navy officers include direct and divine instructions not to receive the vaccine and opposition to injecting amounts of animal’s cells into one’s body.

How Employees Can Handle COVID-19 Vaccination Exemption Requests

For the last several months, employers across the US have had to deal with endless policies on the coronavirus vaccine and numerous exemption requests from employees. The recent US Navy lawsuit by the federal government is another reminder to apply caution while reviewing these applications. 

That said, here are a few pointers on how to evaluate employee vaccination exemption requests to avoid any potential legal action:

1. Review Covid-19 Vaccination Exemption Policies and Train HR Personnel to Respond to Requests Appropriately

As we said earlier, there has been an endless influx of COVID-19 vaccination policies for different industries in recent months, each with its technicalities. Employees in these sectors must review these laws to understand them and train company HR personnel to do the same. Understanding these regulations is the first step to ensuring the business doesn’t cross any lines that warrant legal action. HR staff members should also receive training on appropriately handling COVID-19 religious exemption to determine if an employee deserves to have their application granted. 

2. Create a Clear Covid-19 Vaccine Exemption Application Process for Employees

There should be no grey areas regarding COVID-19 vaccination religious exemption applications. Employers should clearly define the processes involved in filing such requests, including the forms to use and the appropriate HR personnel to received the forms. Managers should also not ignore verbal exemption appeals from staff members; instead, they should inform those involved of the appropriate company procedures. 

3. Apply Caution When Determining If a Religious Belief Is Sincerely Held

Title VII of the Civil Rights Act mandates employers to accommodate employees who request vaccination exemption based on a sincerely-held religious belief. However, it can be tricky for executives to know if a religious belief is sincerely held. That said, the EEOC advises that employers must assume that a religious exemption application is due to a sincerely held religious belief, even if they’re not familiar with the practice. However,  there are a few scenarios where HR managers can request further clarifications on a religious doctrine to enable them to evaluate a request, but they should do this with caution. 

4. Define the Accommodations for Each Department

Company executives should also define the accommodations for employees in each department once they’ve granted their exemption requests. Generally, employers can require staff members to work from home, wear masks and maintain social distance within office premises, or seclude them to an isolated workspace within the building. These accommodations should typically depend on the job category and requirement. 

5. Document the Review Procedures

Employers should mandate HR teams to document the entire review process for COVID-19 vaccination religious exemption, from employees submitting their requests to the interactive process and when the company grants the application. Company staff members should also sign a religious exemption request form after submitting their appeal. 

Hire Legal Help for COVID-19 Mandatory Vaccine Policies

COVID-19 mandatory policies are becoming more and more challenging to deal with for businesses across the US. One wrong step in handling an exemption request could lead to an employee lawsuit. As an employer, you must ensure you have the proper corporate and legal structures in place to help you handle these regulations and the exemption requests. Hiring legal help to assist you with understanding these vaccination laws is one of the crucial steps to take. 

At the Law Office of Sheri Oluyemi, we have expertise in US employment law, including COVID-19 mandatory vaccination policies. Contact us today, and let’s bring our vast experience to your aid. 

 

Exemption from Mandatory COVID-19 Vaccine for religious employees

July 2, 2021

According to the law and guidelines from the Equal Employment Opportunity Commission (“EEOC”), it is possible for employers to require their employees receive a COVID-19 vaccination in most circumstances. This does not mean that all employers will make this a requirement, of course. But, they have the right to do so as a means to help improve the safety of their other employees, clients and customers.

Yet, there are certain exemptions from these mandatory COVID-19 vaccines that can be applied in certain cases. One of these is a religious exemption. Employee who demonstrate that their faith prohibits vaccination, would not automatically be not required to get a vaccine. The EEOC says employers are required to provide reasonable accommodation to these workers if their sincerely held religious beliefs, practices, or observance prevents vaccination. The only exception would be if the accommodation would create an undue hardship under Title VII of the Civil Rights Act of 1964.

Understanding the Religious Accommodation Standards

As the vaccines are being rolled out, more and more employers will likely start to see objections to getting the vaccine. Therefore, it is important for employers, as well as those who are seeking accommodations, to get a better understanding of what the objections entail.

Title VII requires that employers provide accommodations and exemptions to employees that object to the vaccine due to their religious beliefs. It is important to note the term “sincerely held religious belief” in these instances.

According to the EEOC, the definition of religion can go beyond just membership in a certain church or a belief in God. It could also include moral and ethical beliefs that are sincerely held. An example of this might be someone who has moral beliefs that they should not have certain substances and chemicals injected into them. This increases the potential number of people that might attempt to use religious exemptions as a means to not get the vaccine.

Can Employers Question the Sincerely Held Religious Beliefs of an Employee?

This is a tricky area of the law, and it is important that employers do not attempt to contact someone’s place of worship, and that they don’t question an employee incorrectly. Most of the time, employers will assume that the objection based on religious beliefs is honest.

However, there may be times that an employer has a reason to question whether the employee is being sincere or if it is truly the nature of their religion. It’s best to have legal counsel to help with these matters. If there is an objection to the employee’s beliefs, the employee can provide written materials and forms to provide a further explanation. Again, employers will only want to broach this subject after talking with an attorney.

Options for Reasonable Accommodation 

What are some of the various types of reasonable accommodations that could be provided for the employees? Many options are potentially available. Of course, because there are so many different types of workplaces, there could be many different types of accommodations that could work. This also means that not all reasonable accommodations will work for all work environments.

One of the simplest options that can work for some employers would be to allow the employees to wear masks and continue to socially distance themselves while in the workplace. Another option that could work for some types of work would be remote working. 2020 proved that remote work can be a good option for many types of companies.

Many businesses have already set up these types of systems and have been using them for their employees for months. They could simply allow those who do not want to get the vaccine based on their religious beliefs to continue working from a remote location.

Another option that might work for certain employers would be to provide an isolated area for that employee to work. This can ensure that they do not come into contact with others in the workplace. This solution will not work for all employers, of course.

When employers are coming up with potential reasonable accommodations, they must also make sure that they are legitimate options that will help the employee and their business. They cannot be retaliatory to “punish” an employee for not getting the vaccine.

What is Undue Hardship?

The limit to providing reasonable accommodations would be when those accommodations would present a hardship to the employer under Title VII. Employers cannot simply claim that they would have a hardship, though. They are required to show how making the accommodation for the employee would cause them undue hardship because of an exceedingly high cost or because it would cause problems with the operation of the business. The same would be true if the accommodation would compromise safety in the workplace, or if it infringes on the rights of other employees. If the accommodation requires that other employees do more than their usual share of work in place of the exempt employee, it could be considered undue hardship as well. The same would be true if the efficiency of the workplace decreases because of the accommodations.

The standard of proof for an undue hardship under Title VII does tend to be lower than when trying to meet undue hardship requirements for the Americans with Disabilities Act. Because it can sometimes be difficult to prove whether there is hardship in these cases.

Talk with an Attorney

Those employers who want to make sure they are abiding by the law when it comes to employees requesting reasonable accommodations for religious reasons will want to speak with an attorney.

Employees who worry that an employer is not providing them with reasonable accommodations or who is trying to force a vaccine despit

DOL Revisions to FFCRA Regulations: What You Need to Know

September 25, 2020

The Families First Coronavirus Response Act (FFCRA) Regulations were promulgated by the US Department of Labor to implement the FFRCA. Our Employment Law Blawg summary of the FFCRA is here. In response to a ruling from the U.S. District Court in the Southern District of New York, the initial regulations effective on April 1, 2020 were replaced effective, September 16, 2020. Here’s what you need to know about the revisions.

Changes to the regs were deemed necessary to improve the process of taking and requesting paid leave, including the availability of leave and related terms. The DOL aimed to achieve consistency and clarity throughout the regs, and in that vein, the new revisions were outlined to provide the following:

  • Reaffirmation that employees can only take FFCRA leave if and when work is available to them. That is, if someone is on a work reduction layoff, they cannot claim FFCRA leave because there is no work available at the moment.

  • Reaffirmation that employer approval is required for all intermittent leave taken under FFCRA. Failure to seek employer approval will result in denial of FFCRA leave benefits.

  • Clarification that supporting documentation should be provided as soon as possible. Employees must do their due diligence to provide employers with paperwork substantiating their eligibility for leave as quickly as they can when requesting FFCRA leave.

  • Correction of inconsistencies on the circumstances in which employees are required to notify or request permission from employers for FFCRA leave, or any leave related to expanded family and medical needs.

  • Revision of the definition of the term “health care provider”to be defined as “only employees who meet the definition of that term under the Family and Medical Leave Act regulations or who are employed to provide diagnostic services, preventative services, treatment services or other services that are integrated with and necessary to the provision of patient care which, if not provided, would adversely impact patient care.”

In sum, the newly revised FFCRA regs now defines the parameters for which employees have to request leave, or whether they can take leave without substantiated requests. It also clarifies some of the definitions outlined in the previous publication and it corrects inconsistencies to provide clearer guidelines for employers to follow when handling employee leave related to the coronavirus pandemic.

As the world has begun to reopen and the economy to rebound, employment laws must keep pace. However, it is a constant battle of finding balance, so future updates are to be expected as things continue to evolve.

Currently, employers and employees alike need concise, clear policies manage the public health crisis’ impact on their day-to-day operations, including staffing. The new regs are a good place to start with developing those policies for your organization today.